Vance v. Barrett.U.S. Appeals Court
DISPOSITION OF FUNDS
Vance v. Barrett, 345 F.3d 1083 (9th Cir. 2003). Two state prisoners one in confinement, or under arrest, for a political offense.
See also: State brought separate [section] 1983 actions, alleging that prison officials violated their constitutional rights by conditioning prison employment on the waiver of their property rights to money in their prison trust accounts, and retaliated against them for refusing to waive such rights. The district court dismissed the actions and prisoners appealed. The appeals court reversed and remanded. On remand To send back.
A higher court may remand a case to a lower court so that the lower court will take a certain action ordered by the higher court. A prisoner who is remanded into custody is sent back to prison subsequent to a Preliminary Hearing before a tribunal or magistrate , the suits were consolidated and the court granted summary judgment to the officials on the grounds of qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. . The prisoners again appealed. The appeals court affirmed in part, reversed in part, and remanded. The appeals court held that deductions taken from the prisoners' trust fund accounts for charges relating to relating to relate prep → concernant
relating to relate prep → bezüglich +gen, mit Bezug auf +acc costs incurred in creating and maintaining such accounts did not constitute a taking without just compensation, absent a showing that the charges were unreasonable or were unrelated to the administration of the accounts. The court held that confiscation confiscation
In law, the act of seizing property without compensation and submitting it to the public treasury. Illegal items such as narcotics or firearms, or profits from the sale of illegal items, may be confiscated by the police. Additionally, government action (e.g. of accrued interest Accrued Interest
The interest that has accumulated on a bond since the last interest payment up to but not including the settlement date.
There are two methods for calculating accrued interest:
1) 360-day year method, used for corporate and municipal bonds. from the trust accounts violated the prisoners' due process rights, because a state law provided that the prisoners were entitled to receive accrued interest and prison administrators provided no procedure by which prisoners could contest the deprivation. The court found that officials were entitled to qualified immunity in the prisoners' claim that their prison employment was conditioned upon their willingness to give up their procedural due process rights. But the court denied qualified immunity to the officials for the prisoners' claim that they unconstitutionally retaliated against the prisoners for their refusal to waive their procedural due process rights. (Nevada Department of Prisons)